Anti-Superstition Laws and Applicability

This paper seeks to demonstrate the lacunas which prevail in modern law. Witch-hunting and broader superstition-related crimes violate basic fundamental rights guaranteed under the Indian Constitution (Sta). Such acts also violate several provisions of various International legislations like the ‘Universal Declaration of Human Rights, 1948’ and ‘The Convention on the Elimination of All Forms of Discrimination against Women, 1979’.

This paper also argues for the intimate linkage between the ancient criminal offence of witchcraft and the existing crime of rape. Both offences, it is suggested, bear inequitably upon women. The misogynistic bias that has pervaded law and practices about witchcraft and rape can be seen in the fact that one set of standards was employed regarding key issues in witchcraft prosecutions and an almost opposite set has been used for similar issues in rape cases – always to the detriment of women.

A primary reason for this is the lacunae that exist in the Penal system. In India, the IPC only takes cognisance of human sacrifice after a murder is committed, and the physical torture that alleged ‘witches’ are subjected to is categorised as merely ‘simple hurt’. The accompanying mental trauma is completely ignored.

Victims, therefore, find it hard to get justice and often withdraw their complaints due to societal pressure – letting perpetrators off the hook. Hence this inhuman practice needs to be corrected by society, backed by the introduction of more legislation.

Introduction

Over the last few decades, the number of incidents of witch-hunting is increasing. Various cases relating to it have become commonplace in both electronic and print media. Sometimes, several males and females identified as wizards were reported to have fled from their villages to save themselves from the barbaric attack of the villagers.

From records, it has been observed that such types of acts (which have not been defined in IPC or any other existing law of the land) are confined predominantly among the Bodos, Adivasi, Tea communities etc (Pathak, 2018). It is also to be noted that the prey of witch hunting is mainly poor, destitute and deserted women and widows (2Sa). They are easy targets of witch hunters.

Though generally, females were identified as witches, in some isolated cases males are also attacked as wizards or warlocks.

The word ‘Witch’ means knowledge and ‘Wit’ means someone who has extra knowledge which is different from the general people. From history, it is gathered that in Europe in 16th and 17th centuries, thousands of males and females were tortured and killed in the name of witches and wizards. Significantly, religious institutions as well as the state administration also encouraged and recognized such activities for the welfare of the state.

In India, particularly in Assam, the concept of ‘Witch’ was earlier prevalent among the Advises The state of Bihar, West Bengal, Jharkhand, and Maharashtra also witnessed such incidents in recent decades. But very recently, this belief is extended to other communities also. In Assam, the Tribal like Bodos is badly affected by such superstitions.

As far as this crime is concerned, there is specific legislation No law defines the crime of witch hunting. Some the states like Bihar, Chhattisgarh, Jharkhand, Maharashtra and Rajasthan have taken effective steps to curb this heinous crime.

Country like Tanzania, Kenya and India are all developing countries and the social conditions are also common such as:

(i) Poverty;

(ii) Low literacy rate; and

(iii) Lack of modern medical facilities and awareness relating to health. During summer, the cases of witch hunting are increased due to Malaria like fever, about which poor villagers are not aware, and the standard of living is underdeveloped.

(v) Lack of social awareness.

(v) To fulfil the personal grievances. Some people shelter from such bed practices.

In most of the cases targets of such crime are:

(i) Single Woman,

(ii) Widow,

(iii) Elderly parents, who are deserted by their children, To grab the land of an old couple- some people make the plan to remove such couple from the world in the name of a witch;

(iv) The ‘Ojha’ or quack or traditional practitioners of local medicine, and

(V) People who have intense faith in worshipping a particular faith.

Witch hunting is performed for various reasons. Some of them are

1. For religious purposes/ religious belief
2. a ‘Mohini’ to attain other’s love
3. for business purposes;
4. to curse others, whom one considers an enemy, and
5. to eradicate evil spirits and as means of treating diseases, etc.

History of Witch Crafting

From History, it is gathered that in the year of the 16th and 17th rise in Europe, thousands of males and females were tortured and killed in the name of h hunting. Interestingly, religious institutions belonging to Christians and the state administration also encouraged and recognised such activities for the welfare of the state. In the year 1604, the king of England, James First enacted an Act against witches and thereby legalized the act of witch hunting.

Taking shelter from that Act witches and wizards were hunted and brutally killed. Not only in England, but from the jungles of Africa to the modern State of America, witch-hunting had been a prevalent practice. Such men and women were held responsible for any kind of epidemic, natural calamities, or unnatural death of any member of society.

The specific period of witch hunts in Europe and North America falls into the Early Modern period or about 1450 to 1750, spanning the upheld of the Reformation and the Thirty years war, resulting in the executions of about 35,000 to 100,000 innocent persons both male and female in the name of the witch (Oft).

In Europe about three centuries ago, diverse societies were consumed by a panic over alleged witches among them. Witch hunts, especially in Central Europe, resulted in the trial, torture and execution of hundreds of victims, about three-quarters of whom were women. Unfortunately, neither before nor since have adult European women been selectively targeted for such large-scale atrocities.

Jonny Gibbons in her book “Recent Development in the study of the great European Witch Hunt” analysis the dark side of early modern Europe as follows:

“Traditional (tolerant) attitude towards witchcraft began to change in the 14th century, at the very end of the middle ages…… early 14th century central Europe was seized by a series of rumour panics (The). Some malign conspiracy (Jews and lepers. Moslems, or Jews and witches) was attempting to destroy the Christian kingdoms After the terrible devastations caused by magick and poison-mubonic Plague) (1347-1349), these Black Death rumours increased in intensity and focused for used primarily on witches and “plague spreaders”. Witchcraft cases increased slowly but steadily from the 14-15 centuries. The first mass trials appeared in the 15th century.

At the beginning of the 16th century, as the first shock waves from the Reformation hit, the number of witch trials dropped. Then, around 1550, the persecution skyrocketed. What we think of as “The Burning Times” – the crazes, panics and mass hysteria- largely occurred in one century, from 1550-1650″.

In Europe, this witch hunt continued for three centuries with great variations in time and space. Due to the lash between Institutional Catholicism and Protestantism trials like witch hunting destabilised Society during that period. Studies show that where the catholic church was weakest, experienced a virulent witch craze, eg the country like German, France, in Switzerland and where the catholic church was the strong eg country like Spain, Italy, Portugal etc. hardly any witch craze has occurred.

The medieval witch-hunts have long been depicted as part of a war against women. Reasons behind this brutal crime were caused due to socio-economic pressures, natural disasters and personal jealousy Studies show that poorly educated rural residents traditional Healers clairvoyants claiming supernatural powers to ad against the law and morals.

And Hunger, poverty, and unemployment can create jealousies, which can quickly turn to anger and vengeance (as stated by Lewthwaite in “South Africans go on Witch hunts”). In 1 the 7th Century, Witch hunting was a common factor in Salem, near Boston of USA. During that period in t of the area of America was influenced by England and they named most towns /cities by the name city and town of England like New England, Cambridge, North Hempton etc Witchcraft was also spread in those areas from Europe.

Interestingly, there was a museum and one village which was names witch village in Salem. In those developed countries thousands of highly educated Christian boys and girls embarrassed witchcraft and to propagate their philosophy they formed Association, and established clubs like “the Hellfire club”, “Sons midnight”, “The Bandits”, “The Blasters”, “The Mohachs” etc. In 1996 witch leader of the f USA Mr Anton Salalor established a church also for witchcraft ft and declared himself as BLACK POPE.

Disciple of that church was found everywhere in the country and spread Dyane concept in the societies. Interestingly, on 6th March of 19,83, they organized an International “Witch Congress” in Mexico where the numbers from different parts of the world joined there and in this regard followers of that faith from Europe and the USA had stated before the press that “we must show that we are not diabolical or dangerous.”

Witch hunting is one such dangerous superstition that destroyed the entire fabric of society. The belief in the practice of witchcraft is part of almost all living societies and some traces of it can be felt to various degrees among all cultures.

Historians and social activists analysed that the reasons behind witch Craft prevalent in different countries of the world are not only religious extremism, the events in Salem, Massachusetts were sparked off by disorders over share of scarce socio-economic resources among different sections of the local population Salem the most barbarous incident happened in the year 1692. Salem witch trial whereas considered the most black chapter of New England, where people were killed in the name of the witch.

People of Salem, still remembered those horrifying days and some of the facts are still alive among the people of Salem. Out of that history of Nigel is very interesting. When she was eleven years old, she was suffering from a  mental disorder. Uncle of edigel, who was a local Minister, took all the steps for her treatment.

But the doctor reported that she was not suffering from any physical disorder, but was attacked by some evil spirit. The atmosphere of that society made everybody believe the statement of the doctor. The story was spread among people like wildfire. The villagers had suspected Sara and targeted that elderly lady in the area with evil intentions.

Because Sara owned a hundred and fifty acres of land and people can grab that land if they succeed to kill her in the plea of an evil spirit Poor economic conditions, social atmosphere, and internal jealousy of the society created unstable conditions during that period also. To fight against Black magick, a Special Court was established in Salem and after trials number of people were accused of raring witches and were sent to Jail and out of that Blasters”, “The Mohachs” etc. In 1996 witch leader of Uthe SA Mr Anton Salalor established a church also for witchcraft and declared himself as BLACK POPE. Disciple of that church was found everywhere in the country and spread Dthe yane concept in the societies.

Interestingly, on 6th March of 1983 they organized an International “Witch Congress” in Mexico where a large number of members from different parts of the world joined there in this regard followers of that faith from Europe and the USA had stated before the press that “we must show that we are not diabolical or dangerous.”

Witch hunting is one such dangerous superstition that destroyed the entire fabric of society. The belief in the practice of witchcraft is part of almost all living societies and some traces of it can be felt to various degrees among all cultures.

Historians and social activists analysed that the reasons behind Witch Craft prevalent in different countries of the world are not only religious extremism, the events in Salem, Massachusetts were sparked off by disorders over the share of scarce socio-economic resources among different sections of the local populace. In Salem, the most barbarous incident happened in the year 1692. Salem witch trials were considered the most black chapter of New England, where people were killed in the name of witches.

People of Salem, still remembered those horrifying days and some of the facts are still alive among the people of Salem. Out of that history of Nigel is very interesting. When she was eleven years old, she was suffering from a mental disorder. Uncle of edigel, who was a local Minister took all the steps for her treatment. But the doctor reported that she was not suffering from any physical disorder, but was attacked by some evil spirit.

The atmosphere of that society made everybody believe the statement of the doctor. The story was spread among the people like wildfire. The villagers had suspected Sarah and targeted that elderly lady in the area with evil intentions. Because Sara owned a hundred and fifty acres of land and people can grab that land if they succeed to kill her in the plea of an evil spirit.

Poor economic conditions, social atmosphere, and internal jealousy of the society created an unstable condition during that period also. To fight against Black magic, a Special Court was established in Salem and after trials, several people were accused of raring to witch and were sent to Jail out of that nineteen were hanged to death.

Witch Hunting In India

Amidst its global footprint, the practice of witchcraft has been prevalently customary in India as well, especially among the rural and relatively isolated precincts (Wit1), which also happen to be the abode of indigenous/tribal people (Saletore, 1981); it is widely believed that the witches, who are mostly females, manipulate the perceived evil supernatural powers to cause detrimental and inauspicious events (like the destruction of crops, ill-health of villagers, disease of animals, death of nearby residents especially children and male members etc.).

The culpability for anything bad is written off upon her, and thereafter she is subjected to mass anguish and outrage- often leading to adverse inhuman treatment, comprising of ostracizing.

banishment, hounding, rape, burning alive and even execution. This traditional customary practice of weeding out of the cause of perceived evil, by eventually murdering/killing the alleged witch, is witch-hunting.

The latest report of the National Crime Records Bureau (NCR) (a body under the Ministry of Home Affairs, Govt. of India) reports that 2290 such women were ‘hunted in India, between 2001 and 2014, on alleged charges of practising witchcraft (Srivastava, 2015)These are numbers which have been logged-in. The un-recorded ones are expected to be far more than this number.

Dissection of these numbers reveals that the prominence of such incidences has been rampantly protuberant in the states of Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Uttar Pradesh and West Bengal (Singh, 2011). These are numbers which have been officially logged in; however, the unrecorded ones are anticipated to be far more than this number.

Furthermore, these figures include only those instances wherein the witches were killed. Cases of torches directed against women, often including gross violation of human rights including thrashing naked parading, balding, flogging, excreta eating insertion of sharp things in anus/vagina, burning, chopping off body parts, rape or any other form of violence (other than the murder of the alleged witches, have been completely left out in these figures.

Hence, these numbers are just the tip of the iceberg. The real scenario is more gruesome than what is being projected through these figures.

Practise of Witch-Hunting, Types, and Victims

In communities where witchcraft practices are rampant, it is profoundly believed that ‘witches’ use magical powers to attack the fertility capacity of humans, cause harm to domestic animals, destroy crops, fly through the night to engage in cannibalism, incestuous acts, assume animal form etc. They are usually perceived to cause misfortune, sickness, and even death by casting evil eyes (Joshi P. C. Kaushal S. Katewa, 2006).

Due to such deleterious capabilities, witches are considered a threat to community members and are often looked upon with fear and suspicion For countering this, socially recognized sorcerer/s perform magic for identifying the witch responsible for such misfortune/s deeply embedded in their socio-cultural milieu, the sorcerers are believed by community members to possess special powers which can counter the malevolent activities of witches.

Once it is confirmed that the disease/illness or any other misfortune occurring in the community, has occurred due to the ill influence of a particular witch; the matter no longer remains restricted merely to the victim’s family members. It rather becomes a public affair (Joshi P. C. Kaushal S. Katewa, 2006).

Taurus the cause of the menace, destroying the alleged witch (either by killing her or by inflicting severe punishments upon her) has emerged as the preeminent solution, internalized by community members. This notion, by and large, sets the tone for the thriving of witchcraft across the country.

Witch-hunting attacks can be broadly categorized into two major categories- calculated and surprise. In cases of calculated attacks, the gender relationship between the accuser(s) and the accused, plays an important role in the selection of target/s:

Such attacks are pre-planned and serve as the means for seeking revenge for pre-existent personal conflicts or fulfilling ulterior interests such as grabbing property, sexual harassment etc (S, 2008).Allegedwitchesh/es serve as scapegoats in such crafted conspiracies.

Contrarily, in cases of surprise attacks, the woman or her family members, before the attack, are unaware of the accusations. The attack happens randomly without any instigation in the form of prior conflict or any history of witchcraft accusation Comparing the scale of violence, the intensity is relatively more in the case of surprise attacks, wherein the goal of the accusers is not ulterior, but rather focused on the elimination of evil from the village. In both these cases, the credible targets are those who have little or no power of retaliation (S, 2008).

In instances of witch-hunting, the nation of victim and perpetrator is quite bewildering i.e. who is the victim and who is the perpetrator does not come out very clearly (swagiri). The cognition of victim and perpetrator is quite antagonistic among the insiders and the outsiders. Here insiders include the people who live in the village/community/society/place where the incidence of witch-hunting takes place, whereas outsiders are those who are unknown to the accused witch and are not the residents of the concerned place.

For insiders, one who brings harm to the community is the perpetrator and the person who suffers the brunt is the victim By this analogy, the accused witch is the perpetrator and the individuals who are inflicted with the effects of the evil powers of the witches/are the victim’.

To curb the cause of the misfortune and to prevent any further f damages, the insiders resolve to ex-communicate, oust or kill the witch, Contrastingly, for the outsiders, the witch who has been ex-communicated, ousted or killed is seen as the victim and the people (the insiders) who are involved in this act are perceived as ‘perpetrators (swagiri).

Laws Related to Offence of Witch-Hunting

Witch Hunting generally refers to the stigmatization of people both male and female. But significantly the numbers of females are more labelled as “Witches” or evil spirits who bring bad omen to society. People after declaring the victims as witches, subject them to inhuman atrocities ranging from mob lynching, gang rape, naked parades, blackening of face, shaving head, beheading and forcing to consume human excreta, burning alive or to graving alive.

Such types of torture, the term which is neither defined in the Constitution of India nor penal laws, are carefully considered as a wound in the soul. The word torture today has become synonymous with the darker side of human civilization.

There are several laws in place ranging from international, national and regional ones for the prevention and elimination of various forms of violence and discrimination against women. A brief of those legislations obligations, treaties and conventions, which are currently in force, for ensured the non-occurrence of human right violation taking place due to witchcraft accusations and persecution in the country are as follows:

But these provisions are not sufficient to control such crimes. Because a crime like witch-hunting cannot be generalized to normal crime. So, special and specific pieces of legislation are required to redress such crimes from society. Considering the Magnitude of increasing incidents, it is very much felt that, it is high time to enact separate legislation like the states of Chhattisgarh, Bihar, Jharkhand, Maharashtra, Odisha etc.

Unfortunately, the concept of women’s empowerment has undergone a Sea change in the last six decades, but still, women are humiliated, and killed brutally in the name of “Witch”, thereby violating human rights and also the basic concept of the Constitution of India.

The Underlying Causes

The laws for witch-hunting are just a check mechanism and should not be taken as a  major reply to the problems originating in the society due to evil practices irrationality or superstition. Such legislation cannot end superstition, provide redressal to victims or inject a scientific approach and rationality into the community. These legislations also do not take into account –

(a) the conditions under which such practices flourish,

(b) the gaps in the existing laws,

(c) the mode of reporting cases

(d) the investigation carried out  after reporting, and

(e) the emergent needs of the victims/survivors.

Hence, a more social approach must be adopted, than just being strictly legal. Also,  the majority of witchcraft cases are never taken to the police or court. Even if taken, more than half are dismissed due to factors such as lack of proper investigation, absence of witnesses, minor punishments to the perpetrators or compromise between the victim and the perpetrator. Due to

these conditions, anti-witchcraft laws are unable to achieve their desired spirit and purpose for which they were legislated In the events of the witch-hunter witchfinder slay the crucial role of identifying witches Gender conflict, conspiracy against accused women and faith of women being manipulators of super-natural powers for causing illness in the community act as crucial factors for selecting women as witches.

Apart from this, robbing-off women (especially widows)of their property or settling grudges with the women or her family members are stated as reasons for instances of witch hunting Apart from these, physical features like old people, bend back, or weird hair or skin colour are the pivotal considerations taken into account in selecting the targets

However, a close gaze at the geographical positioning of witch-hunts makes it quite clear that the majority of the cases are reported from places (and communities) which are in appalling socioeconomic conditions In such delimiting conditions, where there is a  lack of resources, poverty is rampant and education is in an abysmal state, people tend to develop strong superstitious beliefs and anything bad-like bad crop diseases, sudden unexplained death of someone or drying of well etc; is considered to be the work of evil supernatural powers directed by some witch (Singh, 2011).

Thus, begins the hunt to locate the person responsible for such misfortunes Once identified (by the witch doctor, action against the alleged witch becomes definite, ultimately leading to the killing of the witch. The local police in such instances-book the

villagers for committing crimes and put them behind bars. Later on the courts also take the same course and declare them guilty This raises the concern that when state actors deal with witchcraft cases, they neglect the fact that witchcraft acct accusations way of coping with the uncertainties of human existence. They concentrate only on coercive measures (like imprisonment and other forms of punishment) for preventing such practices rather than redressing the concerns which give rise to such violence, such as abysmal health services or the lack of land or means of livelihood.

Conclusion

The black magic of India is as old as history. During the period of Aurungzeb at Delhi, when he ordered his General Ram Singh to attack the Assam kingdom, Mughal warriors hesitate to proceed due to the practice of black magic in of Nagaon District of Assam.

This practice of black magic is still alive and women and some themalese are also killed in the name switches and wizard. The menace of witch-hunting is the centuries-old idol of prejudice against society, in particular against women.

Etymologically, a witch tch hunt is a traditional search for witches or witchcraft which could lead to a witchcraft trial involving the accused person. Many diverse cultures throughout the world criticised and recognized it as a  barbaric act. But in practice, witch

hunt still occurs in the modern era, among different communities irrespective of different steps taken by affected countries. The wide distribution of the practice of witch hunts in geographically and culturally separated societies (Europe, Africa, India, New Guinea, America) has triggered interest in the anthropological background of this behaviour. The belief in magic and divination and attempts to use magic to influence personal well-being (to enhance property, win love etc.) are human characteristics.

Thus, to conclude, it can be put forth that, the criminalization of witchcraft (and associated offences) is only one aspect of justice. Other domains also need addressing Police apathy, poor investigation and indifferent prosecution are

among the major barriers to providing respite to the victims. Simultaneously, reformative measures also need due attention without which such redressals cease to be just rhetoric. Reparative remedies involving compensation, community dialogue, protection, livelihood support, shelter, and promise of non-recurrence of violence; also need to be put in place.

Awareness programmes (often mooted to be the long-term solution for eliminating witch-hunting and creation of scientific temper and rationality) cannot deliver until a parallel transformation in the material conditions of the regions and communities, is ensured.

Structural changes guaranteeing accessibility to quality education, and public health, along with an accountable administration, and a responsive law enforcement agency are also pivotal Unless sufficient attention is paid to these deprivations, neglects and institutional mechanisms- amelioration of witchcraft-related practices and crimes shall be a distant dream.

References

• (n.d.). Retrieved from State anti-superstition laws, not enough. India needs a …. https://theprint.in/opinion/state-anti-superstition-laws-not-enough-india-needs-a-central-law-focus-on-victim-not-crime/563439/
• (n.d.). Retrieved from 2 Samuel 6:14 And David, wearing a linen ephod, danced …. https://www.biblehub.com/2_samuel/6-14.htm
• (n.d.). Retrieved from Environment Law – Law Essays – LawAspect.com. https://lawaspect.com/environment-law/
• (n.d.). Retrieved from Often asked: When did the Salem witch trials start? https://www.lisenbyretirement.com/the-main/often-asked-when-did-the-salem-witch-trials-start.html
• (n.d.). Retrieved from The European Witch-Hunts, 1450-1750 – Brewminate. https://brewminate.com/the-european-witch-hunts-1450-1750/
• (n.d.). Retrieved from Witch Hunting: A Form of Violence against Dalit Women in India. https://journals.library.brandeis.edu/index.php/caste/article/download/203/41/
• (n.d.). Retrieved from NCRB report: A status check on crimes in the country – The …. https://www.thehindu.com/specials/ncrb-data-a-status-check-on-crimes-in-the-country/article56832275.ece
• Joshi P. C. Kaushal S. Katewa, S. &. (2006). The Golden Bough: A Study in Magic and Religion Oxford world’s classics, Oword Publications, 27.
• Pathak, m. (2018). witch hunting is a comprehensive study from a global perspective. New Delhi: MITTAL.
• S, C. (2008). The Academic Journey of Witchcraft Studies in India, Man in India, Vol 97(21, pp. 123-138.
• (2015). Witch-Hunting: Alive and Kicking Women’s Link. Vol 17, No 1, . pp:16-21.
• swagiri, k. a. (n.d.). witchcraft Accusations and Women as Targets in Tea Plantations of India Violence Against Women. 2015.
• Witch-Hunting: Alive and Kicking Women’s Link. Vol 17, N. 1.-2. (n.d.).

This article is contributed by Anurag Pattnaik, a student of XIM University, India.